USPTO Patents Application 10561839

PATENT COOPERATION TREATY

J 'S' From the

fNTERNATIONAL SEARCHING AUTHORITY

To:

see form PCT^SA^o

WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
(PCT Rule 43bis^)

Applicant's or agenfs file reference

see form PCT/1SA/220

International application No.
PCT/IL2005/000914

Date of msdling

(dayAnon&i^faar) see fonn PCTASPJZ^ 0 (second sheet)

FOR FURTHER ACTION

See paragraph 2 below

International filing date (dayAnonthjfear)
24.08.2005

International Patent Classification (IPC) or both national classification and IPC
B01J19/00, G01N15/14

Priority date (dayArtonthyear)
25.08.2004

Applicant

MOLECULAR CYTOMICS LTD.

. II

Basis of the opinion
Priority

Non^stablishment of opinion with regaiid to novelty, inventh^e step and Industrial applicability
Lack of unity of invention

la Box No. VI

□ BoxISio. VM
B Box No. VIII

This opinion contains indications relating to the following items:
El Box No.

□ Box No.

□ Box No. Ill

□ Box No. IV

a Box No. V Bule 43bisA (a)(1) with regard to novelty. Inventh^e step or industrial

applicability, citations and explanations supporting such statement
Certain documents cited
Certain defects In the international application
Certain obsen^ations on the International application
2. FUFTTHER ACTION

'"^"^f^^nal preliminary examination Is made, this oplnbn will usualiv be considered fn h« «

For further opttons, see Form PCT/ISA220.
3. For further details, see notes to Form PCT^SA220.

Name and mailing address of the ISA:

European Patent Office
D-8D29S Munich

Tel. +49 89 2399 - 0 Tx: 523656 epnnu d
Fax: 449 89 2399 - 4465

Authorized Officer

Kalsher, I

Telephone No. +49 89 2399-8708

Form (PCTASAfiST) (Cover SheeO (January 2004)

V . WRITTEN OPINION OF THE

INTERNATIONAL SEARCHING AUTHORITY

International applicatbn No.
PCT/IL2005y000914

Box No. I Basts of the opinion

a. type of material:

□ a sequence listing

□ table(s) related to the sequence listing

b. fomiat of material:

□ in written format

□ in computer readabJe form

c. time of filing/tumlshing:

□ contained In the international application as filed.

□ filed together with the international appIicaUon in computer readable form.

□ fumished subsequently to this Authority for the purposes of search.

4. Additional comments:

Form PCT^SA/237 (January 2004)

WRirrEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY

International application No.
PCTyiL2005/000914

inrf^SrfJf^ statement under Rule 43d/s.1(a)(l) with regain to novelty, inventive step

industrial appticabUfty; cftatfons and explanations supporting such statement

or

1. Statement
Novelty (N)

Inventive step (IS)

Industrial applicability (lA)

Yes: Claims

No: Claims

Yes: Claims
No: Claims

Yes: Claims
No: Claims

2,

3,6-8,
11,13-

15,19.20,24-27,29-37,41-43.51-59,61,62,65-69,72.73
1,4.5,9,10,12,16-18,21-23.28,38-40,44-50.60,63,64,70

2.

3.6-8,
11,13-

15,19.20,24-27.29-37,41-43,51-59.61,62,65-69,72.73
1-73

2. Citations and explanations
see separate sheet

Box No. V> Certain documents cited

1. Certain published documents {Rules 43WS.1 and 70.10)
and /or

2. Non-written disclosures (Rules A-SbisA and 70.9)
see form 210

Box No. VIH Certain oi:>servatlons on the international application

see separate sheet

f=orni PCT^SA/237 (Januaiy 2004)

WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING
AUTHORITY (SEPARATE SHEET)

international application No.
PCT/IL2005/000914

Ad Sectio n V: Reasoned statAn^ftnt
Industrial fl ppHcabllity

1) Documents

regard to novelty, in ventive st^ p nr

D1...Koh et al. (2002) Langmuir 18: 2459-2462

The present application relates to a method of immobilising at least one cell from a
plurality of cells comprising placing the plurality of cells in functional proximity of a
radiation sensitive medium having a first state that does not immobilise cells and a
second state that Immobilises cells wherein the medium transforms from the first
state to the second state upon exposure to radiation, selecting at least one cell to be
immobilised and using radiation to transform the medium in the vicinity of said at
least one cell.

Further claimed is a device to perform the method.
3) The application does not meet the requirements of Art. 33(2)(3) PCT for the following

reasons:

D1 describes Poly(ethylene glycol) hydrogel microstructures. Cells were added to a
gel precursor solution, the solution was applied to a earner so to fomi a uniform fluid
layer. Upon UV exposure of the gel through a photomask only those regions which
were exposed to the UV light became insoluble. The cells and gel which were not
exposed to the UV light could be washed away and the cells entrapped In the
hydrogel could be further analysed and/or treated (p. 2460, left col.. Fig. 3).

D1 is thus considered novelty destroying for claims 1 , 4. 5, 9, 10, 12, 16-18 21-23
and 28. '

While D1 does not explicitly disclose a device for immobilising cells as defined In
claim 38. the method described in D1 cannot be performed without such device
Claims 38-40, 44-50, 60, 63, 64 and 70 are thus also considered to be anticipated by

Form PCT/ISA/237 (Separate Sheet) {Sheet 1) (EPO-Januwy 2004)

WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING
AUTHORITY (SEPARATg SHFF

International appKcatton No.
PCT/IL2005/QOnQl4

Dependent Claims 2. 3. 6-8. 11. 13-1 5. 19, 20. 24-27, 29-37 41-43 51-59 61 6P
aooeartf T '^^^"'^ further features of the method aid t e^evt '

f'cI;.:i™L^^ ^'^''"^^ Of Art. 6 PCT for the

independent claims 1 and 38 which are directed to the method and to a device for
mmob.l,sing cells are very broadly formulated and do not contain all the es^e^tial

PCT/ISAe37 (Separate Sheet) (Sheet 2) (EPO-Janiiaiy2004)